Further Update: NEMA Financial Provisioning Regulations, 2015 – More than an extra year added to comply

​The Minister of Forestry, Fisheries and the Environment has amended the transitional arrangements in the National Environmental Management Act (NEMA) Financial Provisioning Regulations, 2015 (FP Regs), for the fourth time.

Holders of rights and/or permits operating in the mining industry (who applied for them before 20 November 2015) now have until 19 September 2023 to transition to the NEMA regime. This extension from 19 June 2022 occurs when the long-awaited National Environmental Management Amendment Bill [B14F-17], dubbed NEMLAA4 could be enacted at any time and will likely set the scene for the finalisation of the Third Draft FP Regulations, 2021, which are intended to completely replace the existing set of FP Regs.

The market remains desperate to understand what the final set of replacement regulations will entail. This development, although positive from certain lenses perpetuates desperation for policy certainty and is a blow to South Africa's climate change commitments placing the country at risk of meeting its 2030 and 2050 goals.


These materials are provided for general information purposes only and do not constitute legal or other professional advice. While every effort is made to update the information regularly and to offer the most current, correct and accurate information, we accept no liability or responsibility whatsoever if any information is, for whatever reason, incorrect, inaccurate or dated. We accept no responsibility for any loss or damage, whether direct, indirect or consequential, which may arise from access to or reliance on the information contained herein.

© Copyright Webber Wentzel. All Rights reserved.

Webber Wentzel > News > Further Update: NEMA Financial Provisioning Regulations, 2015 – More than an extra year added to comply
Johannesburg +27 (0) 11 530 5000
Cape Town +27 (0) 21 431 7000
Validating email against database, please wait...
Validating email: please wait...
Email verified: Please click the confirmation link sent to your mailbox, also check junk/spam folder. If you no longer have access to this email address or haven't received the verification email then email communications@webberwentzel.info
Email verified: You are being redirected to manage your subscription
Email could not be verified: Please wait while you are redirected to the Subscription Form
Unanticipated error: Saving your CRM information Subscription Form